| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 164 |
| Determination date | 20 December 2013 |
| Member | M Ryan |
| Representation | S Hornsby-Geluk ; A Udovenko (in person) |
| Parties | Offshore Marine Services (NZ) Ltd v Udovenko |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Respondent sought leave to raise grievance out of time - Respondent claimed unjustifiably disadvantaged by suspension and loss of DP and sea time - Whether respondent raised grievances in email, meeting or letter within statutory time frame - Chief mate |
| Abstract | AUTHORITY FOUND -;RAISING PERSONAL GRIEVANCE: Respondent's personal grievance overshadowed by respondent's other concerns but applicant's failure to discern grievance had been raised did not mean grievance not raised. Respondent raised suspension grievance in meeting. Suspension grievance raised within 90 days. DP and sea time grievance not raised within 90 days. Leave to raise DP and sea time grievance out of time declined. |
| Result | Application partially granted; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114 |
| Cases Cited | Creedy v Commissioner of Police [2006] ERNZ 517;Liumaihetau v Alterm East Auckland Ltd [1994] 1 ERNZ 958;Turner v Talley's Group Limited [2013] NZEmpC 31;Winstone Wallboards Ltd v Samate [1993] 1 ERNZ 503 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_164.pdf [pdf 199 KB] |